The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte STEVEN D. BURCH and JOHN C. FAGLEY
____________
Appeal No. 2006-1216
Application No. 10/623,674
____________
ON BRIEF
____________
Before PAK, KRATZ and JEFFREY T. SMITH, Administrative Patent
Judges.
KRATZ, Administrative Patent Judge.
REMAND TO THE EXAMINER
On consideration of the record, we determine that the above-
identified application is not ready for a decision on appeal
under 35 U.S.C. § 134. Accordingly, we remand this application
to the examiner for further consideration and action not
inconsistent with our opinion below. 37 CFR § 41.50(a)(1)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
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